PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE IV, Environmental Protection Overlay Districts [Added 3-25-1991 by L.L. No. 7-1991]

§ 190-10. Title.

This article will be known as the "Village of Honeoye Falls Environmental Protection Overlay Districts."

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§ 190-11. Purpose.

  1. It is the purpose of the Environmental Protection Overlay Districts (EPOD) to provide special controls over land development in sensitive environmental areas to protect vital environmental features and resources. It is designed to guide land use proposals into areas where they may best enhance the general welfare of the community.
  2. The EPOD regulations are not intended to be substituted for other zoning district provisions. The overlay districts are to be superimposed on the primary zoning districts and represent an additional level of review and regulation related specifically to the protection of identified environmental features. The purpose of the Overlay Districts is to provide the Village with an additional level of review and regulation that controls how land development permitted by the Village's primary zoning districts should occur in sensitive or unique environmental areas.

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§ 190-12. Overlay districts.

To carry out the foregoing purpose, the Village of Honeoye Falls is hereby divided into the following Environmental Protection Overlay Districts:

Floodplain

Watercourse

Steep slope

Woodland

Wetlands

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§ 190-13. Maps.

The location and boundaries of all Environmental Protection Overlay Districts shall be delineated on an official set of maps on file in the Village Clerk's office. These maps shall be known and may be cited as the "Official Village of Honeoye Falls EPOD Maps" and shall include the official wetland maps for the Village [prepared by the New York State Department of Environmental Conservation (NYSDEC)], and the official Flood Insurance Rate Maps (FIRM) for the Village, prepared by the Federal Emergency Management Agency (FEMA). The official Village of Honeoye Falls EPOD Maps shall be used for reference purposes only and shall not be used to delineate specific or exact boundaries of the various Overlay Districts. Field investigations and/or other environmental analyses may be required in order to determine whether or not a particular piece of property is included within one or more of the Overlay Districts.

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§ 190-14. Interpretation of boundaries.

Where these districts overlay any primary zoning district delineated on the Official Zoning Map of the Village of Honeoye Falls, the requirements of these districts shall be met in addition to those requirements specified for development in the respective primary district. The Village Planning Board shall be responsible for interpreting Environmental Protection Overlay District boundaries based on an interpretation of the Official Village of Honeoye Falls EPOD Maps, as well as the use of various criteria set forth in this section for determining such district boundaries. The Village Board may request the assistance of the Village Engineer, Building Inspector or other agency in making such a determination. Appeals from a determination of the Village Planning Board regarding boundaries of Overlay Districts shall be made to the Village Zoning Board in accordance with the procedures of this article.

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§ 190-15. Excepted activities.

The procedures contained within this article shall not apply to activities involved in the necessary normal maintenance and upkeep of property. Necessary normal maintenance and upkeep of property shall include, but not be limited to, the following activities as determined by the Planning Board:

  1. Lawn care.
  2. Gardening.
  3. Tree and shrub care.
  4. Removal of dead or deteriorating vegetation.
  5. Removal of structures.
  6. Repair of structures.
  7. Repair of faulty or deteriorating sewage facilities.
  8. Reconstruction of structures damaged by a natural disaster.
  9. Agriculture.

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§ 190-16. Critical environmental areas.

All areas stated above as EPOD's shall also be critical environmental areas for purposes of the Village of Honeoye Falls SEQR provisions. As such, they are Type I actions requiring full SEQR review.

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§ 190-17. Authorization to grant or deny permit.

  1. The Planning Board has the authority to grant or deny a permit under the regulations of this article.
  2. All permits granted pursuant to this Article shall be issued by the Village Clerk at a fee as required by resolution from time to time by the Village Board.EN

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§ 190-18. Permit application.

  1. Applications for environmental protection permits shall be made in writing to the Planning Board by the owner or his/her agent and be accompanied by materials the Planning Board may deem necessary, including, but not limited to, a scale plan prepared and certified by a licensed engineer or licensed land surveyor containing:
    1. A vicinity sketch and boundary line survey of the site.
    2. The location of all EPOD boundaries on the property as defined by this section.
    3. Location of any building, structures, utilities, sewers, water and storm drains on the site where the work is to be performed.
    4. Location of any building or structure on land of adjacent property owners within 100 feet of the site.
    5. Location of all proposed new structures, additions or alterations to existing structures and impervious surfaces on the site.
    6. Existing and proposed contour levels at five-foot intervals maximum (one-foot contour intervals are required within the steep slope district).
    7. All existing shrub masses and trees with a diameter of two inches or more are to be accurately located on the plan.
    8. The location of existing and proposed drainage patterns on the site.
  2. Further, pursuant to this section, a fee shall be set from time to time by the Village Board and shall be received by the Village Clerk upon request for an environmental protection permit.EN

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§ 190-19. Irrevocable letter of credit.

After the approval of the application and before the issuance of any permit, the applicant shall furnish the Planning Board an irrevocable letter of credit in an amount to be approved by the Village Engineer; which letter shall ensure that all items as may be deemed necessary are constructed in accordance with the approved plan and the standards and specifications of the Village of Honeoye Falls. Said irrevocable letter of credit shall continue in full force and effect until the Village Engineer has certified to the Planning Board that all items have been completed.

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§ 190-20. Floodplain protection district.

  1. Purpose. Certain areas of the Village of Honeoye Falls are subject to periodic flooding which can result in loss of life, property damage, health and safety hazards, disruption of commercial and governmental services, extraordinary public expenditure for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare of the residents of this Village. These flood losses are caused by the cumulative effect of obstructions in the floodplains causing increases in flood heights and velocities and by the occupancy in flood hazard areas by uses which are inadequately elevated, floodproofed or otherwise protected from flood damage. It is the purpose of the floodplain protection district to prevent public and private losses due to flood conditions in certain areas by provisions designed to:
    1. Protect the health and welfare of the residents of this Village.
    2. Minimize public expenditure for flood control projects.
    3. Minimize the need for relief and rescue efforts.
    4. Minimize business interruptions.
    5. Minimize damage to pubic facilities and utilities.
    6. Help maintain a stable tax base by minimizing flood damage to private and commercial property.
    7. Identify those structures and properties which are located in areas of special flood hazard and maintain such information for public inspection.
  2. Delineation of district boundaries.
    1. The boundaries of the floodplain protection district shall be delineated on the official Village of Honeoye Falls EPOD Maps and shall include all areas of flood hazard, and identified as Zone A by the Federal Emergency Management Agency on a map entitled "Flood Insurance Rate Map, Village of Honeoye Falls, revised April 16, 1982." These maps and any revision thereto are hereby adopted by references and declared to be a part of this section. [Amended 6-15-1998 by L.L. No. 4-1998]
    2. Where base flood elevation data has not been provided in the Flood Insurance Rate Map for areas in the Village of Honeoye Falls as required above, the Village Planning Board shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state, Village or other source, in order to administer the standards and requirements of this section.
    3. For the purposes of this section, there are hereby established within the Village of Honeoye Falls floodplain protection districts, to be known as "floodplain overlay districts." The boundaries of the floodplain overlay districts shall include all Zone A as delineated and shown on the National Flood Insurance Rate Map (FIRM) of the Village. [Amended 6-15-1998 by L.L. No. 4-1998]
  3. Regulated activities.
    1. Prohibited activities. The following activities are not permitted in the EPOD:
      1. The temporary or permanent placement of a mobile home or similar structure.
      2. The construction or operation of an on-site sewage disposal system.
      3. Any other activity which, as demonstrated through a technical evaluation, will result in any increase in flood levels during the occurrence of the base flood discharge.
    2. Regulated activities. No person shall conduct any of the following regulated activities within the EPOD zone unless such person has first applied for and obtained an EPOD development permit pursuant to the requirements of this section: [Amended 6-15-1998 by L.L. No. 4-1998]
    3. Additions or substantial improvements to structures.
    4. New structures.
    5. Outside storage of material and equipment.
    6. Subdivision of land.
    7. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, demolition, excavation or drilling operations.
  4. Development standards; permit conditions. No EPOD development permit shall be issued by the Village Planning Board for any regulated activity within the floodplain overlay district unless the applicant for such a permit has submitted a plan that is certified by a registered professional engineer and shows evidence of the following:
    1. That the same structure will be constructed with its lowest floor, including basement, elevated to at least two feet above the base flood level. [Amended 6-15-1998 by L.L. No. 4-1998]
    2. That the structure will not affect the efficiency or the capacity of the floodway or increase base flood elevation more than one foot. [Amended 6-15-1998 by L.L. No. 4-1998]
    3. That the structure will not cause increased velocities or obstruct or otherwise catch or collect debris which will obstruct flow under flood conditions.
    4. That the structure shall be constructed and placed on the building site so as to offer the minimum obstructions to the flow of waters.
    5. That the structure shall be firmly anchored to prevent flotation, collapse or lateral movement which may result in damage to other structures, restrictions of bridge openings and other narrowings of the watercourse.
    6. That all new and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
    7. That service facilities, such as electrical and heating equipment, shall be constructed at or above the base flood level for the particular area or shall be floodproofed.
    8. That new construction and substantial improvements shall be constructed using materials, methods and practices that minimize flood damages.
    9. That base flood elevation data is provided for all subdivision proposals.
    10. Such other data or evidence as may be requested by the Village Planning Board or Conservation Board or Village Planning Department pertaining to flooding and site plan information.
    11. Information and/or a description regarding the extent to which any watercourse will be altered or relocated as a result of any proposed development.
    12. Plans indicating any walls to be used to enclose space located below the base flood level.
    13. That there is no reasonable alternative for the proposed regulated activity on a site which is not in a flood hazard area.
  5. Additional requirements and information.
    1. In addition to the other duties and responsibilities specified in this section, the Village Planning Board is authorized to administer the following provisions of this article:
      1. Review all applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
      2. Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
      3. Maintain for public inspection all records pertaining to the provision of this article.
    2. Where this article imposes greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, this article shall control. Where there are restrictions by law, ordinance, regulation or private agreement greater than those imposed by this article, such greater restrictions shall control. All uses presently permitted in the zoning districts within the Village of Honeoye Falls which also fall within the EPOD shall continue to be permitted uses for these districts, except where otherwise restricted by this article.
    3. Appeals for variances to the requirements of this section shall be based upon Section 60.6 (formerly 1910.6) of the National Flood Insurance Program Regulations. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
    4. No board or official of the Village of Honeoye Falls shall approve any construction or other activity within the Village not in compliance with the standards of Public Law 93-234, 93rd Congress, H.R. 8449, December 31, 1973, better known as the "Flood Disaster Protection Act of 1973," and the Floodplain Management Requirements of Section 60.3(d) formerly 1910.3(d) and any amendments thereto.
    5. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the Village of Honeoye Falls, any officer or employee thereof or the Federal Emergency Management Agency, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

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§ 190-21. Watercourse protection district.

  1. Delineation of district boundaries. The watercourse district boundaries as shown on the Environmental Protection Overlay District Map (watercourses) include:
    1. All those areas within 200 feet of the center line of a natural or man-made watercourse with an approximate channel top width which is 100 feet or greater.
    2. All those areas within 100 feet of the center line of a natural or man-made watercourse with an approximate channel top width which is 50 feet or greater and less than 100 feet.
    3. All those areas within 50 feet of the center line of a natural or man-made watercourse with an approximate channel top width of less than 50 feet.
  2. Purpose. The purpose of these regulations is to encourage planning and development which will preserve and protect all watercourses within the Village of Honeoye Falls.
  3. Regulated activities. The following activities shall not be allowed when located completely or partially within the watercourse boundaries without first requesting and receiving a permit from the Planning Board as provided for in this section:
    1. Clearing of or constructing on any land area which lies within the watercourse district boundaries, except that the following activities shall be exempted from the clearing regulations of this part: watercourse maintenance activities.
    2. The construction or placement of any septic tank or septic drainage field.
    3. Any activity which would alter the natural flow pattern of the watercourse.
  4. Standards.
    1. No permit shall be granted for a regulated activity within the watercourse district unless the applicant adequately demonstrates that the activity will in no way at present or at any time in the future:
      1. Deteriorate water quality.
      2. Decrease watercourse flood-carrying capacities.
      3. Increase sedimentation.
      4. increase the velocity of groundwater runoff.
      5. Increase the possibility of flooding, either upstream or downstream due to alterations in the natural characteristics of the watercourse.
    2. When altering the natural flow pattern of a natural or man-made watercourse, the applicant shall prove that the alteration is necessary and will not impair the natural functions of the watercourse.

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§ 190-22. Steep slope district.

  1. Delineation of district boundaries. The steep slope district boundaries as shown on the Environmental Protection Overlay District Map (steep slopes) includes all areas with a fifteen percent (15%) slope or greater measured over a linear distance of 100 feet and all areas within 50 feet of said slopes.
  2. Purpose. The purpose of these regulations is to encourage planning and development which will preserve and protect all steep slopes in the Village of Honeoye Falls by regulating activities in these areas and by requiring review and permit approval prior to project commencement. The developmental impacts include soil erosion and sedimentation, destruction of vegetation, increased runoff rates and slope failure. The regulations contained in this district are designed to minimize the disturbance or removal of existing vegetation, prevent increased erosion and runoff, maintain established drainage systems, locate development where it is less likely to cause future slope failures and to retain as much as possible, the natural character of these areas.
  3. Regulated activities. The following activities shall not be allowed when located completely or partially within the steep slope district zone boundaries indicated without first requesting and receiving a permit from the Planning Board as provided for in this section:
    1. Clearing of or constructing on any land area.
    2. The construction or placement of any septic tank or septic drainage field.
    3. Filling, cutting or excavating.
  4. Standards. No permit shall be granted for a regulated activity within the steep slope district unless the applicant adequately demonstrates that the activity will in no way at the present or in the future:
    1. Decrease soil stability.
    2. Increase erosion.
    3. Increase the velocity of groundwater runoff.
    4. Permanently disrupt plant life on steep slopes.
    5. Impair existing drainage systems.
    6. Increase the possibility of flooding due to alterations in the natural characteristics of a watercourse.

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§ 190-23. Woodland Environmental Protection Overlay District. [Amended 5-19-2008 by L.L. No. 3-2008]

  1. District boundaries. Woodland District boundaries as shown on the Environmental Protection Overlay District Map include all areas of two or more contiguous acres of existing woodland, except that active orchards are excluded.
  2. Definitions. As used in this section, the following terms shall have the meanings indicated:
  3. FORESTRY MANAGEMENT PLAN (FMP) -- A plan developed by a certified forester or arborist that addresses the appropriate management of a forestry resource on a given property.

    TREE -- Deciduous or coniferous tree located within the Village Woodland EPOD that has a six-inch diameter at breast height (dbh) or larger.

    WOODLAND ENVIRONMENTAL PROTECTION OVERLAY DISTRICT (EPOD) -- Existing woodlands within the Village of two or more contiguous acres that have been designated by the Village.

  4. Purpose: to encourage planning and development that will preserve, conserve and protect all established wooded areas of two or more contiguous acres located within the Village for the purpose of preserving scenic beauty and maintaining natural habitat. It is the intent of this regulation to prevent the destruction of existing wooded areas by requiring review and permit approval prior to tree removal for any purpose.
  5. Regulated activities.
    1. Any removal of living trees for development or forestry management purposes on any land within Woodland District boundaries shall not be allowed without obtaining a permit from the Village Planning Board as provided for in this section. Watercourse maintenance activities are exempt. The exempt watercourse maintenance activities which are permitted only within 50 feet of the nearest high water mark of a watercourse are:
      1. Removal of dead trees that are hazards to safety; and
      2. Removal of trees that are restricting the normal flow of a watercourse.
    2. The removal of stumps and any modification whatsoever of watercourse banks, boundaries or shoreline shall be prohibited without obtaining all necessary approvals from authorities having jurisdiction (NYS Department of Environmental Conservation, Army Corps of Engineers, etc.).
  6. Review standards. No permit shall be granted for a regulated activity within a Woodland District boundary unless the applicant demonstrates, to the Planning Board's satisfaction, that the proposed activity will not now nor at any time in the future:
    1. Decrease soil stability.
    2. Increase erosion.
    3. Increase the velocity of groundwater runoff.
    4. Impair existing drainage systems.
    5. Increase the possibility of flooding due to alterations in the natural characteristics of a watercourse.
    6. Cut more than 20% of trees that are located within the Woodland District boundaries on any property unless the forestry management plan identifies a compelling need for the health of the woodland to cut more than 20% of the trees. A compelling need may include disease or demonstrated overcrowding. In addition, the required forestry management plan (FMP) developed for the property will allow for a sufficient number of trees that are less than six inches dbh to remain for sustainability of the Woodland EPOD.
    7. Remove any trees within 50 feet of the nearest high water mark of a perennial watercourse; see exempt watercourse maintenance activities listed under Subsection D above.
  7. Permit application requirements. The following requirements shall be used when making application to the Planning Board:
    1. All applicants proposing development within a Woodland District shall submit an approved FMP developed by a NYS certified forester. The FMP shall clearly identify the total number and location of proposed trees to be cut. The FMP shall also identify remedial actions required such as soil stabilization and replanting of trees.
    2. All applications proposing development shall first use the land on the property located outside the Woodland District boundary before any consideration is given to development within the Woodland District.
    3. Applicants shall be encouraged wherever practical to use clustering of buildings and other site improvements to avoid disturbance to Woodland Districts when development is proposed.
    4. When removal of more than 20% of trees in Woodland Districts is demonstrated to be unavoidable due to disease or overcrowding, replacement tree plantings to mitigate loss of Woodland District shall be addressed in the FMP.
    5. When an approved FMP creates significant gaps (100 feet or greater) in a Woodland District leaf canopy, the FMP shall include provisions for replanting within the canopy gaps.
    6. The approved FMP shall show the entire parcel and the location of the property within the Village when Woodland District boundaries partially encompass an applicant's property.
  8. Planting requirements. When replanting of trees is required, the health and survival of the planted tree specimen shall be guaranteed for three years.
  9. Responsibility of permitee. Permitees and their contractors shall adhere to all details and requirements of the approved forest management plan (FMP). Should inspection reveal noncompliance with the FMP, the permitee may be subject to a fine not to exceed $250/day for each day deemed in noncompliance.
  10. Erosion control. Where applicable and appropriate the Planning Board may require the following practices be included in the forest management plan or be implemented by the property owner:
    1. All disturbed areas shall be protected from erosion either by mulch or temporary seeding within two weeks of disturbance.
    2. Erosion and siltation control practices shall be consistent with the current New York State Guidelines for Urban Erosion and Sediment Control.
    3. All trees identified to be saved in the forest management plan and that are in the near vicinity to proposed development shall be protected with plastic orange construction fencing placed at a minimum around the dripline of the tree.
    4. Saved trees shall be pruned, watered and fertilized prior to, during and after construction work when deemed necessary.
    5. Vehicles, materials and equipment storage are prohibited within fenced areas of tree protection.

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§ 190-24. Wetland district.

  1. Delineation of district boundaries. The wetland district boundaries, as shown on the Environmental Protection Overlay District Map wetlands), are designated by the New York State Department of Environmental Conservation. Wetland map boundaries are not final and are subject to change. Upon application for a permit in the wetland district, the site shall be referred to the New York State Department of Environmental Conservation to determine the exact wetland boundary.
  2. Purpose. The purpose of these regulations is to preserve, protect and conserve designated wetland areas of one-half (1/2) acre or more in the Village of Honeoye Falls pursuant to § 24 of the New York State Environmental Conservation Law.
  3. Regulated activities. The following activities shall not be allowed when located in whole or in part within the wetland district boundaries without first requesting and receiving a permit from the Planning Board as provided for in this section:
    1. Any form of draining, dredging, excavation or removal of any natural materials directly or indirectly from a wetland.
    2. Any form of dumping, filling or depositing any material either directly or indirectly within a wetland.
    3. The erection or placement or any structures, roads or any man-made materials within the wetland.
    4. Any form of pollution, including, but not limited to, installing a septic tank, running a sewer outfall, discharging sewage treatment effluent or other liquid wastes into or so as to drain into a wetland.
    5. Any activity which impairs the natural function of wetlands whether located within the wetland or not.
    6. ny activity regulated by § 24-0701 of the New York State Environmental Conservation Law.
  4. Standards. No permit shall be granted for a regulated activity within the wetland district unless the applicant adequately demonstrates that the activity will in no way at present or at any time in the future:
    1. Alter groundwater reservoir capacities.
    2. Decrease watercourse flood-carrying capacities.
    3. Deteriorate water or air quality.
    4. Alter water retention capabilities.
    5. Increase downstream siltation.
    6. Alter the natural wildlife balance.
    7. Impair any natural function of the wetland.
  5. Interpretation. It is the intent of this section that pursuant to § 24-0501 of the New York State Environmental Conservation Law that the Village of Honeoye Falls shall fully undertake its regulatory authority to administer the New York State Freshwater Wetland Act for lands within the Village's jurisdiction. [Amended 9-16-1996 by L.L. No. 6-1996]

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